### THE 

## ATTQEENEYGENERAL

GERALD C. MANN AUSTIN~~.TEXAS

Honorable John R. Shook Criminal DistrictAttorney San Antonio, Texas
Dear Sir: OpinionNo. 

### O-3535
Re: Authority of donunoncarrier motor carrier to render pick-up and delivery service E;m;;;;nts

outside of c~ity

In your letter of June 27, 1941,you submit the following facts: "Themetropolitan area of the City of San Antonio contains a number of unicorporated suburbs,and a large number of armyposts and camps are located within suchmetropolitan area of the City of San Antonio. All of such suburbs and army campshave in the past been servedby such common carrier truck lineswithout additional certificates of convenience and necessity, providing that Stn Antoniowas the terminus of such freight lines. And you request our opinion in response to the following question:
"Are common carrier truck linesholding certificatesof convenience and necessity from the Railroad Commission of Texaswith San Antonio, Texas, as a terminus, authorized to render a pick-up and delivery servicewithin the metropolitan area of San Antonio comprising suburbs and army camps as above set out without securing additional certificates of convenienceand,,necessity as provided by Section III of Article qllb.
We gather from your letter as a whole that the suburbs and army campsmentioned therein are located short distances outside the City of San Antonio and do not liewithin the limits of any other incorporated cities or towns. We shall so assume and this opinion will not be intended to cover any other state of facts..

- . / * Honorable John R. Shook, Page 2, 

### O-3535

Since a certificate or permit is not required of one whose transportation serviceswould not extend from one incorporated city or town to another, (Art.glib, Sec. l(g),V.A.C.S.) it will be noted that other persons than the carriers in question couldperform these pick-up and delivery serviceswithout obtaining a permit or certificate. Furthermore, since a certificate of convenience and necessity authorizinga common carriermotor carrier operation cannot be obtained except upon an application describing the route of the proposed service 10 Art. !E",,sit~ (Set

glib) and a showing of public convenienceand 

### 3 and 10,Art. glib) it would be obviously impossibli for the common carrier operating into the city, as one of its terminal, to obtain a certificate specifically authorizing each and all of suchmultitudinous operations involved in deliveringand picking up packages transportedand to be transported over its regular lines. The rendition of this type of servicehas become quite general and we find nothing in themotor carrier statutewhich would seem to forbid it. Accordingly,we answer your question in the affirmative, advising that the servicemay be performed so long as it is in fact a pick-up and delivery service,wholly incidental to the common carrier operation into and out of San Antonio. We can well seewhere such an operation into an army camp, or other community center,might grow into an extension of the common carrier service, resulting in the establishmentof another terminal ooint, and comingwithin our opinionNo. O-1592, copy ofwhich is enclosed.
Yours very truly
ATTORNEY GENERAL OF TEXAS S/ GlennR. Lewis

BY GlennR. Lewis

Assistant
APPROVEDJULY 22, 

### 1:?41 s/ Grover Sellers FIRSTASSISTANT ATTORNXYGXN‘NERAL

APPROmD @PINION COKKITTRE: By BWB, Chairman GRL:WE"S/cge